CORI: The criminal offender record information law
History The CORI (Criminal Offender Record Information) law effects every Massachusetts criminal justice agency and virtually every person who comes into contact with the criminal justice system. Since its 1972 passage, this law has been the subject of considerable debate and criticism. Enacted at a time when control over the accuracy and completeness of criminal records was virtually nonexistent, the CORI law (M.G.L. c.6, S167 through S178B) was aimed at upgrading the quality of criminal records in the commonwealth, ultimately in automated form.
Motivated in part by the chaotic state of criminal records at the time, and in part by concern for privacy and the public safety interest in furthering the successful reintegration of offenders into mainstream society, the original CORI law placed very severe restrictions on the dissemination of criminal records.
Since 1972, these restrictions have been materially relaxed, first gradually and then fairly dramatically effective January 1, 1992. These last amendments made generally available to the press and the public conviction data and custody status of offenders while in prison, on parole, or on probation (with some exceptions for lesser offenses), and for limited periods after their discharge from prison or supervision as discussed in more detail below.
Administration of CORI
The CORI law is administered by the Criminal History Systems Board. The CHSB, primarily composed of representatives from Massachusetts criminal justice agencies, is responsible for promulgating regulations governing the use of CORI, for certification of governmental and non-governmental parties for access to CORI other than that described below, for enhancing the quality of criminal record information system in the commonwealth, for the release of information permitted by the 1992 amendments, and for hearing complaints of improper use or dissemination of CORI.
A two-thirds vote by the CHSB is required before "public interest" access to non-public CORI by particular parties may be certified.
Present Availability of CORI to Press
The 1992 amendments provided that the CHSB shall make available to any person, including the press, upon request (a) "conviction data" (offense(s), sentence(s), date(s) of conviction, etc.) and (b) custody status within the correction svstem of persons convicted of a crime punishable by imprisonment for a term of five years or more or convicted of any crime and sentenced to any term of imprisonment. That information is available subject to the following time limits:
- While the offender is serving a term of incarceration or probation;
- While the offender is on parole;
- If the offense was a misdemeanor, for one year after the offender's release from custody or supervision;
- If the offense was a felony, for two years after the offender's release from custody or supervision; and
- If the offender was incarcerated and denied parole or was returned to custody for parole violations for three years after the offenders release from incarceration.
All requests for information under this amendment must be made to the CHSB. With certain exceptions, which do not presently include the press, the board will charge a fee of $25.00 for each request. If the offender's date of birth is known, it should be included in the request.
In addition, police and district attorneys may release CORI which is specifically related to and contemporaneous with a pending investigation or prosecution and correctional facilities may confirm whether an offender resides at the facility, is on furlough, parole or probation or is participating in a rehabilitation or reeducation program.
It should also be noted that daily police logs maintained under M.G.L. c.41, S98F and public records as defined in M.G.L. c.4, S6 are not CORI and that restrictions on access to CORI terminate on the offender's death.
Court Records
Under long-standing Massachusetts tradition and the First Amendment to the U.S. Constitution, court proceedings in adult criminal cases are open to the press and public.
Likewise court records in pending criminal cases and in cases which result in convictions are public records. However, as a practical matter, such records cannot be found without knowing the docket number. For many years, CORI prohibited access to the State Court alphabetical indices containing such numbers but, in 1993 as a result of litigation brought by The Boston Globe, this prohibition upon access to indices was held unconstitutional and the indices are now open to inspection.
Nevertheless, the wise reporter will make a note of the docket number when first covering a given case or upon first obtaining records which include that number.
Court records in civil cases are not effected by CORI and both court papers and indices are generally available. Impoundment is available to litigants in some domestic and trade secret matters but the press has standing to challenge such an impoundment if it so chooses.